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(영문) 광주지방법원 2013.11.26 2013고단4454
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2013, the Defendant, who is engaged in driving of C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

At the time, the signal lights and crosswalks are installed on the front side of the defendant at the time, and the signal lights are the vehicle stop signal in red, and the victim D (V, age 42) driving is crossing the above crosswalk in the direction to the right side of the defendant, so the defendant engaged in driving service has a duty of care to stop in advance according to the stop signal.

Nevertheless, by neglecting the above stop signal, the Defendant was negligent in proceeding with the victim's left-hand side, and the victim suffered injury, such as a balone-time therapy, which requires approximately eight weeks of treatment on the face of the Defendant vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. Traffic accident report (1) (2) and investigation report (specific for a suspect in violation of signalling);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of types] Traffic Crime: General traffic accident in 01.

1. The defendant's severe punishment is required in light of the fact that the defendant caused a traffic accident by gross negligence from April to October of the basic area [the range of recommending area] the victim's bodily injury [the range of recommending area], the defendant caused a traffic accident by gross negligence, the victim's serious injury requiring medical treatment for about eight weeks due to the above traffic accident, and the victim and the present day did not reach agreement. However, the defendant's mistake.

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